Sandip Gupta v. State Of West Bengal & ORS

25.02.2021 Ct. No.13 Sl. No.123 akd W.P.A. 25956 of 2015 [via video conference] [Sandip Gupta -Vs- The State of West Bengal & Ors.] Mr. Sandip Ghosh Mr. Sukumar Ghosh Ms. Riya Ghosh ... for the petitioners Ms. Sipra Majumder Mr. Khairul Alam ... for the State Affidavit-of-service including letter of service dated 11.02.2021 filed in court today be kept with the record. The petitioner's father, Sovan Kumar Gupta was allowed to retire on medical grounds with effect from 18th April, 2007. The father died on 24th June, 2007. The petitioner had made an application at the time of retirement of his father for compassionate employment. The said application ripened on 24th June, 2007 when his father died two months after voluntary retirement.

The petitioner's case was recommended and forwarded by the District Panchayat and Rural Development Officer, South 24-Parganas to the Joint Director, Panchayat & Rural Development, Government of West Bengal vide letter dated 29th December, 2010. The petitioner slept over the matter until 10th June, 2014 when he addressed a letter to the Director of Panchayat and Rural Development, Government of West Bengal reiterating his claim. Upon failure to elicit any information, the instant writ application was filed.

The writ petition remained pending without being moved from 2015 till date. The prayer of the petitioner for

compassionate employment is, therefore, about 13 years old and the petitioner has been lax for the aforesaid period. The writ petition and claims made therein are, therefore, hopelessly barred for delay and latches. Compassionate employment is itself a time bound process where the petitioner atleast is required to act diligently and with urgency.

For the reasons stated hereinabove, the writ petition fails and is hereby dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Rajasekhar Mantha, J.)